Brendel v. Hustava

This case is before our court by virtue of our order granting leave to appeal from an order of the circuit court granting a new trial. The case resulted from an automobile collision which occurred during the early morning hours of April 16, 1978. Rodney Brendel was the owner and driver of one of the cars involved. Brent Simon was the owner, and he and Robert A. Hustava were the occupants, of the second car involved. It was disputed as to whether Simon or Hustava was the driver of the second car.

The action was commenced when Brendel as plaintiff filed a complaint naming both Simon and Hustava…